TABLE OF CONTENTS:
Title I: Regulation of Firearm Products
Title II: Prohibitions
Title III: Enforcement
Subtitle A: Civil Enforcement
Subtitle B: Criminal Enforcement
Title IV: Administrative Provisions
Title V: Relationship to Other Law
Firearms Safety and Consumer Protection Act of 1999 - Title I: Regulation of Firearm Products - Directs the Secretary of the Treasury to prescribe such regulations governing the design, manufacture, and performance of, and commerce in "firearm products" (defined as a firearm, firearm part, nonpowder firearm, and ammunition) as are reasonably necessary to reduce or prevent unreasonable risk of injury resulting from the use of such products.
Allows any person to petition the Secretary to: (1) issue, amend, or repeal such a regulation; or (2) require the recall, repair, or replacement of, or the issuance of refunds with respect to, a firearm product. Sets deadlines for taking action on petitions.
(Sec. 102) Authorizes the Secretary to issue orders: (1) prohibiting the manufacture, sale, or transfer of a firearm product which has been manufactured, imported, transferred, or distributed in violation of a regulation prescribed under this Act; (2) requiring the recall, repair, or replacement of, or refunds for, firearm products; and (3) prohibiting the manufacture, importation, transfer, distribution, or export of a firearm product if the exercise of other authority under this Act would not be sufficient to prevent the product from posing an unreasonable risk of injury to the public.
Authorizes the Secretary, in order to ascertain compliance with this Act, to enter and inspect: (1) any place in which firearm products are manufactured, stored, or held, for distribution in commerce; and (2) any conveyance being used to transport a firearm product.
Title II: Prohibitions - Sets forth prohibitions on the manufacture or transfer of firearm products for failure by: (1) a manufacturer to test and certify firearm products or to provide notice to the Secretary of new types of firearm products; (2) a manufacturer or dealer in firearms to label firearm products; and (3) an importer, manufacturer, or dealer to fail to maintain, or permit inspection of, records.
Prohibits: (1) the importation and exportation of uncertified firearm products; (2) the manufacture, offer for sale, distribution in commerce, importation, or exportation of a firearm product in violation of this Act; and (3) the manufacture, purchase, or import of a firearm product at a rate that is significantly greater than that at which the person manufactured, purchased, or imported the product during a base period (prescribed by the Secretary) before the applicable regulation is prescribed under this Act.
Makes this title inapplicable to specified governmental authorities.
Title III: Enforcement - Subtitle A: Civil Enforcement - Directs the Secretary to impose a civil fine upon any person who violates title II. Provides that each violation shall constitute a separate offense with respect to each firearm product involved, subject to specified limitations. Sets the applicable fine amount at $5,000 for the five-year period immediately following this Act's enactment date, and $10,000 thereafter.
(Sec. 302) Authorizes the Attorney General, upon request of the Secretary, to bring an action: (1) to restrain any violation of title II in the U.S. district court for any district in which the violation has occurred or in which the defendant is found or transacts business; and (2) in rem for condemnation of a qualified firearm product in the district court for any district in which the Secretary has found and seized for confiscation the product.
(Sec. 303) Authorizes: (1) the Secretary to bring an action in district court to restrain a manufacturer or dealer from manufacturing, distributing, transferring, importing, or exporting; and (2) the court, in such an action, to grant such temporary or permanent relief as necessary to protect the public from the risks posed by such product.
(Sec. 304) Authorizes: (1) any person aggrieved by a violation of this Act or any interested person to bring an action against such other person in district court for damages; and (2) the court to award to a prevailing plaintiff a reasonable attorney's fee.
(Sec. 306) Specifies that: (1) compliance with this Act shall not relieve any person from liability to any person under common law or State statutory law; and (2) the failure of the Secretary to take any action authorized under this Act shall not be admissible in litigation relating to the product under common law or State statutory law.
Subtitle B: Criminal Enforcement - Subjects any person who has been notified of a violation of a provision of this Act and who knowingly violates such provision with respect to a firearms product, to a fine and up to two years' imprisonment.
Title IV: Administrative Provisions - Directs the Secretary to: (1) maintain a Firearm Injury Information Clearinghouse for information relating to the causes and prevention of death and injury associated with firearms; (2) conduct continuing studies and investigations of firearm-related deaths and injuries and the resulting economic costs and losses; (3) collect and maintain production and sales figures for licensed manufacturers under the Brady Handgun Violence Prevention Act; (4) conduct research on the safety of firearm products; (5) develop firearm safety testing methods and devices; and (6) make available to the public, at least annually, the results of such activities.
(Sec. 402) Sets forth reporting requirements.
Title V: Relationship to Other Law - Specifies that: (1) in the event of any conflict between this Act and any provision of the Arms Export Control Act (AECA), the AECA provision shall control; and (2) this Act shall not be construed to preempt State or local law or to prevent a State from enacting any provision of law regulating or prohibiting conduct with respect to a firearm product, except to the extent of inconsistency with this Act.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 534 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 534
To expand the powers of the Secretary of the Treasury to regulate the
manufacture, distribution, and sale of firearms and ammunition, and to
expand the jurisdiction of the Secretary to include firearm products
and non-powder firearms.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 4, 1999
Mr. Torricelli introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To expand the powers of the Secretary of the Treasury to regulate the
manufacture, distribution, and sale of firearms and ammunition, and to
expand the jurisdiction of the Secretary to include firearm products
and non-powder firearms.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Firearms Safety
and Consumer Protection Act of 1999''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--REGULATION OF FIREARM PRODUCTS
Sec. 101. Regulatory authority.
Sec. 102. Orders; inspections.
TITLE II--PROHIBITIONS
Sec. 201. Prohibitions.
Sec. 202. Inapplicability to governmental authorities.
TITLE III--ENFORCEMENT
Subtitle A--Civil Enforcement
Sec. 301. Civil penalties.
Sec. 302. Injunctive enforcement and seizure.
Sec. 303. Imminently hazardous firearms.
Sec. 304. Private cause of action.
Sec. 305. Private enforcement of this Act.
Sec. 306. Effect on private remedies.
Subtitle B--Criminal Enforcement
Sec. 351. Criminal penalties.
TITLE IV--ADMINISTRATIVE PROVISIONS
Sec. 401. Firearm injury information and research.
Sec. 402. Annual report to Congress.
TITLE V--RELATIONSHIP TO OTHER LAW
Sec. 501. Subordination to the Arms Export Control Act.
Sec. 502. Effect on State law.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to protect the public against unreasonable risk of
injury and death associated with firearms and related products;
(2) to develop safety standards for firearms and related
products;
(3) to assist consumers in evaluating the comparative
safety of firearms and related products;
(4) to promote research and investigation into the causes
and prevention of firearm-related deaths and injuries; and
(5) to restrict the availability of weapons that pose an
unreasonable risk of death or injury.
SEC. 3. DEFINITIONS.
(a) Specific Terms.--In this Act:
(1) Firearms dealer.--The term ``firearms dealer'' means--
(A) any person engaged in the business (as defined
in section 921(a)(21)(C) of title 18, United States
Code) of dealing in firearms at wholesale or retail;
(B) any person engaged in the business (as defined
in section 921(a)(21)(D) of title 18, United States
Code) of repairing firearms or of making or fitting
special barrels, stocks, or trigger mechanisms to
firearms; and
(C) any person who is a pawnbroker.
(2) Firearm part.--The term ``firearm part'' means--
(A) any part or component of a firearm as
originally manufactured;
(B) any good manufactured or sold--
(i) for replacement or improvement of a
firearm; or
(ii) as any accessory or addition to the
firearm; and
(C) any good that is not a part or component of a
firearm and is manufactured, sold, delivered, offered,
or intended for use exclusively to safeguard
individuals from injury by a firearm.
(3) Firearm product.--The term ``firearm product'' means a
firearm, firearm part, nonpowder firearm, and ammunition.
(4) Firearm safety regulation.--The term ``firearm safety
regulation'' means a regulation prescribed under this Act.
(5) Firearm safety standard.--The term ``firearm safety
standard'' means a standard promulgated under this Act.
(6) Nonpowder firearm.--The term ``nonpowder firearm''
means a device specifically designed to discharge BBs, pellets,
darts, or similar projectiles by the release of stored energy.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the designee of the Secretary.
(b) Other Terms.--Each term used in this Act that is not defined in
subsection (a) shall have the meaning (if any) given that term in
section 921(a) of title 18, United States Code.
TITLE I--REGULATION OF FIREARM PRODUCTS
SEC. 101. REGULATORY AUTHORITY.
(a) In General.--The Secretary shall prescribe such regulations
governing the design, manufacture, and performance of, and commerce in,
firearm products, consistent with this Act, as are reasonably necessary
to reduce or prevent unreasonable risk of injury resulting from the use
of those products.
(b) Maximum Interval Between Issuance of Proposed and Final
Regulation.--Not later than 120 days after the date on which the
Secretary issues a proposed regulation under subsection (a) with
respect to a matter, the Secretary shall issue a regulation in final
form with respect to the matter.
(c) Petitions.--
(1) In general.--Any person may petition the Secretary to--
(A) issue, amend, or repeal a regulation prescribed
under subsection (a) of this section; or
(B) require the recall, repair, or replacement of a
firearm product, or the issuance of refunds with
respect to a firearm product.
(2) Deadline for action on petition.--Not later than 120
days after the date on which the Secretary receives a petition
referred to in paragraph (1), the Secretary shall--
(A) grant, in whole or in part, or deny the
petition; and
(B) provide the petitioner with the reasons for
granting or denying the petition.
SEC. 102. ORDERS; INSPECTIONS.
(a) Authority To Prohibit Manufacture, Sale, or Transfer of Firearm
Products Made, Imported, Transferred, or Distributed in Violation of
Regulation.--The Secretary may issue an order prohibiting the
manufacture, sale, or transfer of a firearm product which the Secretary
finds has been manufactured, or has been or is intended to be imported,
transferred, or distributed in violation of a regulation prescribed
under this Act.
(b) Authority To Require the Recall, Repair, or Replacement of, or
the Provision of Refunds With Respect to Firearm Products.--The
Secretary may issue an order requiring the manufacturer of, and any
dealer in, a firearm product that the Secretary determines poses an
unreasonable risk of injury to the public, is not in compliance with a
regulation prescribed under this Act, or is defective, to--
(1) provide notice of the risks associated with the
product, and of how to avoid or reduce the risks, to--
(A) the public;
(B) in the case of the manufacturer of the product,
each dealer in the product; and
(C) in the case of a dealer in the product, the
manufacturer of the product and the other persons known
to the dealer as dealers in the product;
(2) bring the product into conformity with the regulations
prescribed under this Act;
(3) repair the product;
(4) replace the product with a like or equivalent product
which is in compliance with those regulations;
(5) refund the purchase price of the product, or, if the
product is more than 1 year old, a lesser amount based on the
value of the product after reasonable use;
(6) recall the product from the stream of commerce; or
(7) submit to the Secretary a satisfactory plan for
implementation of any action required under this subsection.
(c) Authority To Prohibit Manufacture, Importation, Transfer,
Distribution, or Export of Unreasonably Risky Firearm Products.--The
Secretary may issue an order prohibiting the manufacture, importation,
transfer, distribution, or export of a firearm product if the Secretary
determines that the exercise of other authority under this Act would
not be sufficient to prevent the product from posing an unreasonable
risk of injury to the public.
(d) Inspections.--In order to ascertain compliance with this Act
and the regulations and orders issued under this Act, the Secretary
may, at reasonable times--
(1) enter any place in which firearm products are
manufactured, stored, or held, for distribution in commerce,
and inspect those areas where the products are manufactured,
stored, or held; and
(2) enter and inspect any conveyance being used to
transport a firearm product.
TITLE II--PROHIBITIONS
SEC. 201. PROHIBITIONS.
(a) Failure of Manufacturer To Test and Certify Firearm Products.--
It shall be unlawful for the manufacturer of a firearm product to
transfer, distribute, or export a firearm product unless--
(1) the manufacturer has tested the product in order to
ascertain whether the product is in conformity with the
regulations prescribed under section 101;
(2) the product is in conformity with those regulations;
and
(3) the manufacturer has included in the packaging of the
product, and furnished to each person to whom the product is
distributed, a certificate stating that the product is in
conformity with those regulations.
(b) Failure of Manufacturer To Provide Notice of New Types of
Firearm Products.--It shall be unlawful for the manufacturer of a new
type of firearm product to manufacture the product, unless the
manufacturer has provided the Secretary with--
(1) notice of the intent of the manufacturer to manufacture
the product; and
(2) a description of the product.
(c) Failure of Manufacturer or Dealer To Label Firearm Products.--
It shall be unlawful for a manufacturer of or dealer in firearms to
transfer, distribute, or export a firearm product unless the product is
accompanied by a label that contains--
(1) the name and address of the manufacturer of the
product;
(2) the name and address of any importer of the product;
(3) a specification of the regulations prescribed under
this Act that apply to the product; and
(4) the certificate required by subsection (a)(3) with
respect to the product.
(d) Failure To Maintain or Permit Inspection of Records.--It shall
be unlawful for an importer of, manufacturer of, or dealer in a firearm
product to fail to--
(1) maintain such records, and supply such information, as
the Secretary may require in order to ascertain compliance with
this Act and the regulations and orders issued under this Act;
and
(2) permit the Secretary to inspect and copy those records
at reasonable times.
(e) Importation and Exportation of Uncertified Firearm Products.--
It shall be unlawful for any person to import into the United States or
export a firearm product that is not accompanied by the certificate
required by subsection (a)(3).
(f) Commerce in Firearm Products in Violation of Order Issued or
Regulation Prescribed.--It shall be unlawful for any person to
manufacture, offer for sale, distribute in commerce, import into the
United States, or export a firearm product--
(1) that is not in conformity with the regulations
prescribed under this Act; or
(2) in violation of an order issued under this Act.
(g) Stockpiling.--It shall be unlawful for any person to
manufacture, purchase, or import a firearm product, after the date a
regulation is prescribed under this Act with respect to the product and
before the date the regulation takes effect, at a rate that is
significantly greater than the rate at which the person manufactured,
purchased, or imported the product during a base period (prescribed by
the Secretary in regulations) ending before the date the regulation is
so prescribed.
SEC. 202. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.
Section 201 does not apply to any department or agency of the
United States, of a State, or of a political subdivision of a State, or
to any official conduct of any officer or employee of such a department
or agency.
TITLE III--ENFORCEMENT
Subtitle A--Civil Enforcement
SEC. 301. CIVIL PENALTIES.
(a) Authority To Impose Fines.--
(1) In general.--The Secretary shall impose upon any person
who violates section 201 a civil fine in an amount that does
not exceed the applicable amount described in subsection (b).
(2) Scope of offense.--Each violation of section 201 (other
than of subsection (a)(3) or (d) of that section) shall
constitute a separate offense with respect to each firearm
product involved.
(b) Applicable Amount.--
(1) First 5-year period.--The applicable amount for the 5-
year period immediately following the date of enactment of this
Act is $5,000.
(2) Thereafter.--The applicable amount during any time
after the 5-year period described in paragraph (1) is $10,000.
SEC. 302. INJUNCTIVE ENFORCEMENT AND SEIZURE.
(a) Injunctive Enforcement.--Upon request of the Secretary, the
Attorney General of the United States may bring an action to restrain
any violation of section 201 in the United States district court for
any district in which the violation has occurred, or in which the
defendant is found or transacts business.
(b) Condemnation.--
(1) In general.--Upon request of the Secretary, the
Attorney General of the United States may bring an action in
rem for condemnation of a qualified firearm product in the
United States district court for any district in which the
Secretary has found and seized for confiscation the product.
(2) Qualified firearm product defined.--In paragraph (1),
the term ``qualified firearm product'' means a firearm
product--
(A) that is being transported or having been
transported remains unsold, is sold or offered for
sale, is imported, or is to be exported; and
(B)(i) that is not in compliance with a regulation
prescribed or an order issued under this Act; or
(ii) with respect to which relief has been granted
under section 303.
SEC. 303. IMMINENTLY HAZARDOUS FIREARMS.
(a) In General.--Notwithstanding the pendency of any other
proceeding in a court of the United States, the Secretary may bring an
action in a United States district court to restrain any person who is
a manufacturer of, or dealer in, an imminently hazardous firearm
product from manufacturing, distributing, transferring, importing, or
exporting the product.
(b) Imminently Hazardous Firearm Product.--In subsection (a), the
term ``imminently hazardous firearm product'' means any firearm product
with respect to which the Secretary determines that--
(1) the product poses an unreasonable risk of injury to the
public; and
(2) time is of the essence in protecting the public from
the risks posed by the product.
(c) Relief.--In an action brought under subsection (a), the court
may grant such temporary or permanent relief as may be necessary to
protect the public from the risks posed by the firearm product,
including--
(1) seizure of the product; and
(2) an order requiring--
(A) the purchasers of the product to be notified of
the risks posed by the product;
(B) the public to be notified of the risks posed by
the product; or
(C) the defendant to recall, repair, or replace the
product, or refund the purchase price of the product
(or, if the product is more than 1 year old, a lesser
amount based on the value of the product after reasonable use).
(d) Venue.--An action under subsection (a)(2) may be brought in the
United States district court for the District of Columbia or for any
district in which any defendant is found or transacts business.
SEC. 304. PRIVATE CAUSE OF ACTION.
(a) In General.--Any person aggrieved by any violation of this Act
or of any regulation prescribed or order issued under this Act by
another person may bring an action against such other person in any
United States district court for damages, including consequential
damages. In any action under this section, the court, in its
discretion, may award to a prevailing plaintiff a reasonable attorney's
fee as part of the costs.
(b) Rule of Interpretation.--The remedy provided for in subsection
(a) shall be in addition to any other remedy provided by common law or
under Federal or State law.
SEC. 305. PRIVATE ENFORCEMENT.
Any interested person may bring an action in any United States
district court to enforce this Act, or restrain any violation of this
Act or of any regulation prescribed or order issued under this Act. In
any action under this section, the court, in its discretion, may award
to a prevailing plaintiff a reasonable attorney's fee as part of the
costs.
SEC. 306. EFFECT ON PRIVATE REMEDIES.
(a) Irrelevancy of Compliance.--Compliance with this Act or any
order issued or regulation prescribed under this Act shall not relieve
any person from liability to any person under common law or State
statutory law.
(b) Irrelevancy of Failure To Take Action.--The failure of the
Secretary to take any action authorized under this Act shall not be
admissible in litigation relating to the product under common law or
State statutory law.
Subtitle B--Criminal Enforcement
SEC. 351. CRIMINAL PENALTIES.
Any person who has received from the Secretary a notice that the
person has violated a provision of this Act or of a regulation
prescribed under this Act with respect to a firearm product and
knowingly violates that provision with respect to the product shall be
fined under title 18, United States Code, imprisoned not more than 2
years, or both.
TITLE IV--ADMINISTRATIVE PROVISIONS
SEC. 401. FIREARM INJURY INFORMATION AND RESEARCH.
(a) In General.--The Secretary shall--
(1) maintain a Firearm Injury Information Clearinghouse to
collect, investigate, analyze, and disseminate data and
information relating to the causes and prevention of death and
injury associated with firearms;
(2) conduct continuing studies and investigations of
firearm-related deaths and injuries and the resulting economic
costs and losses;
(3) collect and maintain current production and sales
figures for each person licensed as a firearms manufacturer
under section 923 of title 18, United States Code;
(4) conduct research on, studies of, and investigation into
the safety of firearm products and improving the safety of
firearm products; and
(5) develop firearm safety testing methods and testing
devices.
(b) Availability of Information.--On a regular basis, but not less
frequently than annually, the Secretary shall make available to the
public the results of the activities of the Secretary under paragraphs
(1), (2), and (3) of subsection (a).
SEC. 402. ANNUAL REPORT TO CONGRESS.
(a) In General.--The Secretary shall prepare and submit to the
President and Congress at the beginning of each regular session of
Congress, a comprehensive report on the administration of this Act for
the most recently completed fiscal year.
(b) Contents.--Each report submitted under subsection (a) shall
include--
(1) a thorough appraisal, including statistical analyses
and projections, of the incidence of injury and death and
effects on the population resulting from firearm products, with
a breakdown, as practicable, among the various types of such
products associated with the injuries and deaths;
(2) a list of firearm safety regulations prescribed that
year;
(3) an evaluation of the degree of compliance with firearm
safety regulations, including a list of enforcement actions,
court decisions, and settlements of alleged violations, by name
and location of the violator or alleged violator, as the case
may be;
(4) a summary of the outstanding problems hindering
enforcement of this Act, in the order of priority; and
(5) a log and summary of meetings between the Secretary or
employees of the Secretary and representatives of industry,
interested groups, or other interested parties.
TITLE V--RELATIONSHIP TO OTHER LAW
SEC. 501. SUBORDINATION TO ARMS EXPORT CONTROL ACT.
In the event of any conflict between any provision of this Act and
any provision of the Arms Export Control Act, the provision of the Arms
Export Control Act shall control.
SEC. 502. EFFECT ON STATE LAW.
(a) In General.--This Act shall not be construed to preempt any
provision of the law of any State or political subdivision thereof, or
prevent a State or political subdivision thereof from enacting any
provision of law regulating or prohibiting conduct with respect to a
firearm product, except to the extent that such provision of law is
inconsistent with any provision of this Act, and then only to the
extent of the inconsistency.
(b) Rule of Construction.--A provision of State law is not
inconsistent with this Act if the provision imposes a regulation or
prohibition of greater scope or a penalty of greater severity than any
prohibition or penalty imposed by this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
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